To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes, 87401-87407 [2016-29200]

Agencies

• Executive Office of the President

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Presidential Documents]
[Pages 87401-87407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29200]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 232 / Friday, December 2, 2016 / 
Presidential Documents

[[Page 87401]]


                Proclamation 9549 of December 1, 2016

                
To Modify the Harmonized Tariff Schedule of the 
                United States and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 1205(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3005(a)) directs the United States International 
                Trade Commission (the ``Commission'') to keep the 
                Harmonized Tariff Schedule of the United States (HTS) 
                under continuous review and periodically to recommend 
                to the President such modifications to the HTS as the 
                Commission considers necessary or appropriate to 
                accomplish the purposes set forth in that subsection. 
                Pursuant to sections 1205(c) and (d) of the 1988 Act 
                (19 U.S.C. 3005(c) and (d)), the Commission has 
                recommended modifications to the HTS to conform the HTS 
                to amendments made to the International Convention on 
                the Harmonized Commodity Description and Coding System 
                and the Protocol thereto (the ``Convention'').

                2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) 
                authorizes the President to proclaim modifications to 
                the HTS based on the recommendations of the Commission 
                under section 1205 of the 1988 Act, if the President 
                determines that the modifications are in conformity 
                with United States obligations under the Convention and 
                do not run counter to the national economic interest of 
                the United States. I have determined that the 
                modifications to the HTS proclaimed in this 
                proclamation pursuant to section 1206(a) of the 1988 
                Act are in conformity with United States obligations 
                under the Convention and do not run counter to the 
                national economic interest of the United States.

                3. Presidential Proclamation 6763 of December 23, 1994, 
                implemented with respect to the United States the trade 
                agreements resulting from the Uruguay Round of 
                multilateral trade negotiations, including Schedule XX-
                United States of America, annexed to the Marrakesh 
                Protocol to the General Agreement on Tariffs and Trade 
                1994 (Schedule XX), that were entered into pursuant to 
                sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 
                2902(a) and (e)), and approved in section 101(a) of the 
                Uruguay Round Agreements Act (URAA) (19 U.S.C. 
                3511(a)).

                4. Pursuant to the authority provided in section 111 of 
                the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) 
                of the 1988 Act, Proclamation 6763 included the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                the terms of Schedule XX. In order to ensure the 
                continuation of such rates of duty for imported goods 
                under tariff categories that are being modified to 
                reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed, including certain 
                technical or conforming changes within the tariff 
                schedule.

                5. Presidential Proclamation 7857 of December 20, 2004, 
                implemented the United States-Australia Free Trade 
                Agreement (USAFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Australia Free Trade Agreement Implementation Act (the 
                ``USAFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                or apply articles 2.3,

[[Page 87402]]

                2.5, and 2.6 of the USAFTA and the schedule of 
                reductions with respect to Australia set forth in Annex 
                2-B of the USAFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                6. Presidential Proclamation 7971 of December 22, 2005, 
                implemented the United States-Morocco Free Trade 
                Agreement (USMFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Morocco Free Trade Agreement Implementation Act (the 
                ``USMFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 
                4.3.11, 4.3.13, 4.3.14, and 4.3.15 of the USMFTA and 
                the schedule of reductions with respect to Morocco set 
                forth in Annex IV of the USMFTA. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                7. Presidential Proclamations 7987 of February 28, 
                2006, 7991 of March 24, 2006, 7996 of March 31, 2006, 
                8034 of June 30, 2006, 8111 of February 28, 2007, 8331 
                of December 23, 2008, and 8536 of June 12, 2010, 
                implemented the Dominican Republic-Central America-
                United States Free Trade Agreement (the ``CAFTA-DR 
                Agreement'') with respect to the United States and, 
                pursuant to section 201 of the Dominican Republic-
                Central America-United States Free Trade Agreement 
                Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C. 
                4031), the staged reductions in rates of duty that the 
                President determined to be necessary or appropriate to 
                carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 
                3.27, and 3.28, and Annexes 3.3 (including the schedule 
                of the United States duty reductions with respect to 
                originating goods), 3.27, and 3.28 of the CAFTA-DR 
                Agreement. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                8. Presidential Proclamation 8332 of December 29, 2008, 
                implemented the United States-Oman Free Trade Agreement 
                (USOFTA) with respect to the United States and, 
                pursuant to section 201 of the United States-Oman Free 
                Trade Agreement Implementation Act (the ``USOFTA Act'') 
                (19 U.S.C. 3805 note), the staged reductions in duty 
                that the President determined to be necessary or 
                appropriate to carry out or apply articles 2.3, 2.5, 
                2.6, 3.2.8, and 3.2.9, and the schedule of duty 
                reductions with respect to Oman set forth in Annex 2-B 
                of the USOFTA. In order to ensure the continuation of 
                such staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                9. Presidential Proclamation 8341 of January 16, 2009, 
                implemented the United States-Peru Trade Promotion 
                Agreement (USPTPA) with respect to the United States 
                and, pursuant to section 201 of the United States-Peru 
                Trade Promotion Agreement Implementation Act (the 
                ``USPTPA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in duty that the President determined to be 
                necessary or appropriate to carry out or apply articles 
                2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In 
                order to ensure the continuation of such staged 
                reductions in rates of duty for originating goods under 
                tariff categories that are being modified to reflect 
                the amendments to the Convention, I have determined 
                that additional modifications to the HTS are necessary 
                or appropriate to carry out the duty reductions 
                previously proclaimed.

[[Page 87403]]

                10. Presidential Proclamation 8783 of March 6, 2012, 
                implemented the United States-Korea Free Trade 
                Agreement (USKFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-Korea 
                Free Trade Agreement Implementation Act (the ``USKFTA 
                Act'') (19 U.S.C. 3805 note), the staged reductions in 
                duty that the President determined to be necessary or 
                appropriate to carry out or apply articles 2.3, 2.5, 
                2.6, and the schedule of duty reductions with respect 
                to Korea set forth in Annex 2-B, Annex 4-B, and Annex 
                22-A of the USKFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                11. Presidential Proclamation 8894 of October 29, 2012, 
                implemented the United States-Panama Trade Promotion 
                Agreement (PTPA) with respect to the United States and, 
                pursuant to section 201 of the United States-Panama 
                Trade Promotion Agreement Implementation Act (the 
                ``PTPA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in duty that the President determined to be 
                necessary or appropriate to carry out or apply articles 
                3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the 
                schedule of duty reductions with respect to Panama set 
                forth in Annex 3.3 of the PTPA. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                12. Presidential Proclamation 9466 of June 30, 2016, 
                implemented the World Trade Organization Declaration on 
                the Expansion of Trade in Information Technology 
                Products (the ``Declaration'') and, pursuant to section 
                111(b) of the URAA (19 U.S.C. 3521(b)), modified the 
                HTS to include the schedule of duty reductions 
                necessary or appropriate to carry out the Declaration. 
                These modifications to the HTS were set out in Annex I 
                to that proclamation, and included certain technical 
                errors that affected the tariff treatment accorded to 
                certain goods covered by the Declaration. I have 
                determined that modifications to the HTS are necessary 
                to correct the technical errors.

                13. Presidential Proclamation 9466 of June 30, 2016, 
                implemented amendments to sections 112(b)(3)(A) and 
                112(c)(1) of the African Growth and Opportunity Act 
                (AGOA) (19 U.S.C. 3721(b)(3)(A) and 3721(c)(1)), as 
                amended by sections 103(b)(2) and 103(b)(3) of the 
                Trade Preferences Extension Act of 2015 (TPEA) (Public 
                Law 114-27). That proclamation, in part, modified the 
                HTS to extend the regional apparel article program and 
                the third-country fabric program through September 30, 
                2025. These modifications to the HTS included certain 
                technical errors. I have determined that modifications 
                to the HTS are necessary to correct the technical 
                errors.

                14. Executive Order 13742 of October 7, 2016, 
                authorized by the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) and the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), revoked the 
                ban on the importation into the United States of any 
                jadeite or rubies mined or extracted from Burma and any 
                articles of jewelry containing jadeite or rubies mined 
                or extracted from Burma. Presidential Proclamation 9383 
                of December 21, 2015, previously modified the HTS to 
                include additional U.S. Note 4 to Chapter 71 of the 
                HTS, which prohibited the importation of any jadeite or 
                rubies mined or extracted from Burma and any articles 
                of jewelry containing jadeite or rubies mined or 
                extracted from Burma. Importation of those products was 
                previously prohibited under the Burmese Freedom and 
                Democracy Act of 2003 (the ``BFDA'') (Public Law 108-
                61), as amended by section 6(a) of the Tom Lantos Block 
                Burmese JADE Act of 2008 (the ``JADE Act'') (Public Law 
                110-286), before its expiration on July 28, 2013. I 
                have determined that the deletion of additional U.S. 
                Note 4 to Chapter 71 of the HTS is necessary to the 
                implementation of Executive Order 13742.

[[Page 87404]]

                15. Section 604 of the Trade Act of 1974, as amended 
                (the ``Trade Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of the 
                relevant provisions of that Act, and of other acts 
                affecting import treatment, and actions taken 
                thereunder, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction. Section 1206(c) of the 1988 Act, as 
                amended (19 U.S.C. 3006(c)), provides that any 
                modifications proclaimed by the President under section 
                1206(a) of that Act may not take effect before the 
                thirtieth day after the date on which the text of the 
                proclamation is published in the Federal Register.

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including but not limited to 
                sections 1102 and 1206 of the 1988 Act, section 111 of 
                the URAA, section 201 of the USAFTA Act, section 201 of 
                the USMFTA Act, section 201 of the CAFTA-DR Act, 
                section 201 of the USOFTA Act, section 201 of the 
                USPTPA Act, section 201 of the USKFTA, section 201 of 
                the PTPA Act, section 112 of AGOA, section 604 of the 
                Trade Act, 50 U.S.C. 1701 et seq., and 50 U.S.C. 1601 
                et seq., do proclaim that:

                    (1) In order to modify the HTS to conform it to the 
                Convention or any amendment thereto recommended for 
                adoption, to promote the uniform application of the 
                Convention, to establish additional subordinate tariff 
                categories, and to make technical and conforming 
                changes to existing provisions, the HTS is modified as 
                set forth in Annex I of Publication 4653 of the United 
                States International Trade Commission, titled, 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States Under Section 1206 of the Omnibus 
                Trade and Competitiveness Act of 1988,'' which is 
                incorporated by reference into this proclamation.
                    (2) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Morocco under the USMFTA that are classifiable in 
                the provisions modified by Annex I of Publication 4653 
                and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                section (a) of Annex II of Publication 4653, the HTS is 
                modified as follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such 
subcolumn for each subheading the rate of duty specified for such 
subheading in the table column titled 2017 before the symbol ``MA'' in 
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``MA'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (3) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Australia under the USAFTA that are classifiable in 
                the provisions modified by Annex I of Publication 4653 
                and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                section (b) of Annex II of Publication 4653, the HTS is 
                modified as follows:

(a) The Rates of Duty 1-Special subcolumn for each of the subheadings 
enumerated in subsection B is modified by inserting in such subcolumn for 
each subheading the rate of duty specified for such subheading in the table 
column titled 2017 before the symbol ``AU'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``AU'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

[[Page 87405]]

                    (4) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                under general note 29 to the HTS that are classifiable 
                in the provisions modified by Annex I of Publication 
                4653 and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                subsections (c)(1) and (c)(2) of Annex II of 
                Publication 4653, the HTS is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in subsection (c)(1) 
of Annex II is modified by inserting in such subcolumn for each subheading 
the rate of duty specified in the table column titled 2017 before the 
symbol ``P'' in parentheses;

(b) The rates of duty for such subheadings set forth before the symbol 
``P'' in parentheses are deleted and the rates of duty for such dated table 
column are inserted in each enumerated subheading in lieu thereof;

(c) The Rates of Duty 1-Special subcolumn for each of the HTS subheadings 
enumerated in subsection (c)(2) of Annex II is modified by inserting in 
such subcolumn for each subheading the rate of duty specified in the table 
column titled 2017 before the symbol ``P+'' in parentheses; and

(d) For each of the subsequent dated table columns in such subsection set 
forth before the symbol ``P+'' in parentheses, are deleted and the rates of 
duty for such dated table column are inserted in each enumerated subheading 
in lieu thereof.

                    (5) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Peru under the USPTPA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (d) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (d) of 
Annex II is modified by inserting in such subcolumn for each subheading the 
rate of duty specified for such subheading in the table column titled 2017 
before the symbol ``PE'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``PE'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (6) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Oman under the USOFTA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (e) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (e) of 
Annex II is modified by inserting in such subcolumn for each subheading the 
rate of duty specified for such subheading in the table column titled 2017 
before the symbol ``OM'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``OM'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (7) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Korea under the USKFTA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified

[[Page 87406]]

                in section (f) of Annex II of Publication 4653, the HTS 
                is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (f) of 
Annex II shall be modified by inserting in such subcolumn for each 
subheading the rate of duty specified for such subheading in the table 
column titled 2017 before the symbol ``KR'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``KR'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (8) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Panama under the PTPA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (g) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such 
subcolumn for each subheading the rate of duty specified for such 
subheading in the table column titled 2017 before the symbol ``PA'' in 
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``PA'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (9) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods covered by the Declaration in accordance with 
                Presidential Proclamation 9466 of June 30, 2016, the 
                HTS is modified as set forth in Annex III of 
                Publication 4653.
                    (10) In order to make technical corrections 
                necessary to provide that the regional apparel article 
                program and the third-country fabric program are 
                effective through September 30, 2025, in accordance 
                with Presidential Proclamation 9466 of June 30, 2016, 
                the HTS is modified as set forth in Annex III of 
                Publication 4653.
                    (11) In order to implement Executive Order 13742 of 
                October 7, 2016, as authorized by the International 
                Emergency Economic Powers Act, National Emergencies 
                Act, the BFDA, and the JADE Act, the HTS is modified by 
                deleting additional U.S. Note 4 to Chapter 71 of the 
                HTS.
                    (12) (a) The modifications and technical 
                rectifications to the HTS set forth in Annex I of 
                Publication 4653 shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the later of (i) January 1, 
                2017, or (ii) the thirtieth day after the date of 
                publication of this proclamation in the Federal 
                Register.

(b) The modifications to the HTS set forth in Annexes II and III of 
Publication 4653 shall be effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after the respective dates 
specified in each section of such Annex for the goods described therein.

                    (13) Any provisions of previous proclamations and 
                Executive Orders that are inconsistent with the actions 
                taken in this proclamation are superseded to the extent 
                of such inconsistency.

[[Page 87407]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                first day of December, in the year of our Lord two 
                thousand sixteen, and of the Independence of the United 
                States of America the two hundred and forty-first.
                
                
                    (Presidential Sig.)

[FR Doc. 2016-29200
Filed 12-1-16; 12:30 pm]
Billing code 3295-F7-P